McCoy v. Love

Russell offered to buy Elliott's mineral interests, but Elliott agreed to sell only a small portion; Russell then drafted a deed that fraudulently conveyed her entire interest, which she signed after her illiterate daughter looked it over without understanding its terms. Russell later admitted the "mistake" and offered to pay for the extra interest, but Elliott refused and demanded reconveyance. Before doing so, Russell conveyed a portion of the same mineral rights to McClelland, who conveyed them to Love, Harris, and Carpenter (defendants). Elliott sued to cancel the deed; the trial court held the deed void and granted summary judgment for Elliott, but the district court held it merely voidable. McCoy appealed on behalf of the now-deceased Elliott.